The ANC said it plans to object to Advocate Thandazani Madonsela's appointment
National Assembly Speaker Thoko Didiza said she will not get involved in the selection of an evidence leader for the Section 89 Impeachment Committee.
The committee is looking into the possible impeachment of President Cyril Ramaphosa.
The impeachment committee this week announced it will recommend Advocate Thandazani Madonsela as evidence leader for the potential hearings into Ramaphosa’s Phala Phala matter.
Madonsela got the nomination with nine votes, ahead of the seven garnered by Advocate Kate Hofmeyer.
ANC concerns over impeachment committee’s evidence leader
ANC Secretary-General Fikile Mbalula, however, said the party plans to object to Madonsela’s appointment over concerns about his impartiality.
He said Madonsela previously advised the ANC on Section 89 matters, which creates a conflict of interest.
“The reasons being, the ANC was being advised on the Section 89 committee by Advocate Madonsela, and there was no way that we could have agreed that he must equally lead the processes [by] becoming the evidence leader,” Mbalula said.
Didiza says impeachment committee must decide
Didiza responded on Saturday by saying that the information given to her by Mbalula will be given to the committee and it must decide what to do with it.
“The ANC states that the disclosure does not constitute an objection to the committee’s decision, nor does it question the integrity or independence of Adv Madonsela SC, but is intended to place the information formally on record before the process is concluded,” said Parliament’s spokesperson Moloto Mothapo.
He said the possible conflict of interest in Madonsela’s appointment falls within the impeachment committee’s processes.
“Accordingly, the speaker has referred the communication to the chairperson of the committee for consideration by the committee.”
Mothapo added that Parliament will only facilitate the necessary administrative processes once the committee has determined who to appoint as evidence leader.
“It is therefore appropriate that any matter bearing on the committee’s decision regarding the evidence leader be considered by the committee itself, without the speaker pre-empting or pronouncing on matters falling within its mandate.”
Phala Phala matter
In July, the Western Cape High Court agreed to halt the public hearings of the impeachment committee, pending Ramaphosa’s review application against a Section 89 independent panel report. Impeachment committee chairperson Makashule Gana said it will appeal that decision.
The Section 89 independent panel report concluded that the president has questions to answer regarding the theft of approximately $580 000 (about R9.6 million) from his Phala Phala game farm in Limpopo in February 2020.
The review is set to be heard from 2 to 4 September by the Western Cape High Court.